Contractor sues oLiv Boulder owner for $7M
BOULDER — The owners of one of Boulder’s newest student-housing apartment complexes is facing lawsuits claiming non-payment of contractors who worked to convert the former Liquor Mart site into apartments.
The builder of the oLiv Boulder apartments at the former Liquor Mart site at 1750 15th St., has sued the owners of the apartments, alleging non-payment of $7 million owed on construction of the luxury apartment complex. The 190,000-square-foot building has 146 units, and 262 beds, according to the oLiv Boulder website. Brinkmann Constructors Inc. of Missouri filed the lawsuit in Boulder District Court claiming that Core Boulder 15th St. LLC still owed $7 million for its work on the project. Brinkmann finished its work on the apartments in January. Occupancy permits were issued in March.
“On or around April 10, 2024, Brinkmann submitted final pay applications for the work performed by Brinkmann of $7,635,825.21. After accounting for retainage previously withheld, the principal amount owed Brinkmann as of April 10, 2024, was $9,017,588.21. 23. Following submission of its final pay applications, Brinkmann sent notice of its intent to file a lien in the amount of $9,017,588.21,” the lawsuit, filed Sept. 18, states. “After Brinkmann recorded its Mechanic’s Lien, owner paid Brinkmann $2,010,396.36.
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“On July 23, 2024, Brinkmann reduced its mechanic’s lien to $7,007,191.85. To date, owner has refused to remit payment of the outstanding amount of $7,007,191.85.
“The fair and reasonable value of Brinkmann’s work on the project to date is $42,358,871,” the lawsuit stated.
Core Spaces LLC, a Chicago-based real estate developer purchased the 1.7-acre parcel from W.W. Reynolds Cos. for $16.6 million. The parcel had been the home of a grocery store and a liquor store since 1949, and the adjacent property was the former site of Robb’s Music at 1580 Canyon Blvd.
“The underlying dispute primarily concerns responsibility under the terms of the construction contract for project completion delays,” CoreSpaces representative Kim Lyons said in an emailed statement about the lawsuit. “The owner and contractor will continue to attempt to resolve the dispute practically and amicably. We cannot otherwise comment on pending litigation.”
Efforts to reach representatives of Brinkmann for comment on this story were unsuccessful.
Other subcontractors on the project also have filed lawsuits, claiming nonpayment for their bills as well, totaling more than $300,000, and they name not only Core Boulder, but also the builder and other contractors on the job as defendants.
Case no. 24CV30781, R.G. Brinkmann Company d/b/a Brinkmann Constructors v. Core Boulder 15th Street LLC et. al, filed Sept. 18, 2024 in Boulder District Court.
